[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.] 

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251-23 Inspection and Maintenance Agreement

A. Prior to the issuance of any building permit for which stormwater management is required, the Department of Public Works shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the Department of Public Works or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.

B. The agreement shall be recorded by the applicant and/or owner in the land records of Cecil County.

C. The agreement shall also provide that, if after notice by the Department of Public Works to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Department of Public Works may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the County.

251-24 Maintenance Responsibility

A. The owner of the property on which work has been done pursuant to this Ordinance for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

B. A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.

ARTICLE X - APPEALS

251-25 - Right to Appeal Action

Any person aggrieved by the action of any official charged with the enforcement of this Ordinance, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce the Ordinance in regard to a specific application, shall have the right to appeal the action to the Circuit Court for Cecil County. The appeal shall be filed in writing within 30 days of the date of official transmittal of the final decision or determination to the applicant and shall state clearly the grounds on which the appeal is based.

ARTICLE XI - SEVERABILITY

251-26 - Severability

If any portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this Ordinance. It is the intent of the Board of County Commissioners of Cecil County that this Ordinance shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.

ARTICLE XII - PENALTIES

251-27 - Violations and Penalties

A.  Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $5,000 or imprisonment not exceeding one year, or both for each violation, with costs imposed in the discretion of the court.  Each day that a violation continues shall be a separate offense.  In addition, the Board of County Commissioners of Cecil County may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violation of this chapter.  Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions or mandamus, or other appropriate forms of relief. 

B. At any time that the Department of Public Works or any designated Code Enforcement Officer of the County determines that a builder or developer has failed to execute grading, roadway, stormwater management, utility, or building construction in accordance with the approved stormwater management plans, notice shall be sent to said builder or developer advising said builder or developer of said non-compliance with the Cecil County Code.  Said notice shall be presumed received upon being mailed to the address of said builder provided on the Building Permit, Grading Permit, or approved Construction Plans three days after mailing.  Until said violation has been corrected to the Department of Public Works' satisfaction, the Department of Public Works and/or any appropriate Code Official of the County shall have the power to suspend review of any applications or plans submitted by said builder or developer, suspend any of the permits issued to said builder or developer, withdraw any permits issued to said builder or developer, and/or deny further permits requested by said builder or developer.

C. For proposes of this section, "builder or developer" shall be defined to mean the party to whom the Building Permit or Grading Permit was issued (and its heirs, successors, and assigns) or to whom approval was granted for the construction plans and shall also include any party actually performing the work of construction therein.  The "builder or developer" shall also include any officer of any corporation, any partner of any partnership or any related corporation, partnership, limited-liability company or limited-liability partnership owned in whole or in part by any aforementioned party.

ARTICLE XIII - EFFECTIVE DATE

251-28 - Effective Date of Ordinance

And be it further enacted that this Ordinance shall take effect on February 19, 2002. Developments without an approved stormwater management plan by July 31, 2001, shall be subject to the provisions of this Ordinance.

ARTICLE XIV - PRIOR STORMWATER MANAGEMENT PLAN APPROVAL

251-29 - Prior Stormwater Management Approvals

Stormwater management plan approvals (including exemptions, waivers, variances, and stormwater management plans) granted prior to the effective date of this Ordinance, shall expire December 31, 2004.

[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.] 

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